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Law Society request for low value personal injury case studies

9 August 2016

The Law Society is consulting with solicitors and other stakeholders in order to prepare its formal response when the Ministry of Justice consultation on the small claims limit for low value personal injury cases is launched.

We anticipate that the forthcoming consultation is likely to cover the following proposals which were outlined in the government's autumn statement:

  • raising the small claims limit for personal injury claims from £1,000.00 to £5,000.00
  • removal of the right to general damages for minor soft tissue injuries.

The Law Society opposes anything other than an inflationary rise in the small claims limit for personal injury cases and outright rejects the proposal to remove general damages for minor soft tissue injuries.

Case studies will help us illustrate the important role that solicitors play in ensuring access to justice and the danger of creating a system whereby ordinary citizens are left to navigate alone as a litigant in person and, in some circumstances, are deprived of the full effect of the compensation they deserve.

We are particularly interested in the following cases:

  • road traffic accident/ employer's liability and public liability matters from £1,000.01 - £5,000.00 and up to £25,000.00 where liability is admitted
  • road traffic accident/ employer's liability and public liability matters from £1,000.01 - £5,000.00 and up to £25,000.00 where liability is in dispute.

We are calling on our members to assist us in gathering stories to illustrate the impact that the proposed changes could have on those seeking to bring a genuine action for injuries sustained through no fault of their own.

Case studies illustrating the issues faced by those behind the claim will help us raise awareness of the devastating blow that the proposals could have on ordinary citizens seeking to assert their legal rights, leaving potentially thousands of genuine claimants without legal advice, representation or proper recourse.

If you think you may have good examples of cases that could help us, please do provide as much detail as you can using the form below. Unless you have your client's explicit permission to pass on their identity, the cases should be anonymised so that no particular individual or organisation can be identified. If we do include your case study, we will only use it in an anonomyised form and will neither identify the participants nor the source of the information.

You should not feel obliged by this request to make any disclosure which you believe would breach any duty to your client. We very much appreciate your help in publicising concerns about these proposals.

Please feel free to submit as many forms as you wish to civiljusticecasestudies@lawsociety.org.uk

Download the form below.